Case Summary
The case involves a petition for modification of an interim order related to the construction rights of the petitioners, Rijeena and her husband, against the plaintiff, Shyla Beevi. The petitioners claim obstruction by the respondent while they seek to build on their properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to construct counterclaim D and E schedule property as per permit issued by Kollam Corporation.
Case Type
Civil Suit
Final Judgment
No
The petition for modification of the interim order was allowed, granting the petitioners permission to construct their properties and restraining the respondent from causing obstructions.
Why Plaintiff Won:
The prima facie case and balance of convenience is in favour of the petitioner.
The prima facie case and balance of convenience is in favour of the petitioner.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
On the perusal of evidence on record it is clear that the petitioner is the owner in possession of counter claim D and E schedule properties. So, it is necessary to reconstruct as per Ext. A26 and A27.
Judgment Evidence:
In the result, the petition is allowed. It is hereby granted permission to the petitioner to construct counterclaim D and E schedule property as per permit issued by Kollam Corporation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shyla Beevi
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rijeena
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ansarudeen
- Party Age
- 45
- Relation
- S/o.
Plaintiffs Documents
Certified copies of Sale deeds, Building permits, Documents related to properties.
Defendants Documents
Copy of settlement deed, Land tax receipt.
Advocates
- Party Role
- Defendant
- Advocate Name
- Haripriya S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Latheesh R.Prasad
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- R.Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Palathara Vinu Karunakaran
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reshmi Raj R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajeswari J
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Monica Saji
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Malu A.M. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sarayoo S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permission to construct D and E schedule properties.
Evidence:
It is hereby granted permission to the petitioner to construct counterclaim D and E schedule property as per permit.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining respondent from causing obstructions to the construction.
Evidence:
The respondent/counterclaim defendant is restrained from causing obstructions to the construction in counterclaim D and E schedule properties.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Proves the petitioner owns counter claim B schedule property.
Reference:
Ext.A1
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Proves the petitioner owns counter claim A schedule property.
Reference:
Ext.A2
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Proves the petitioner owns counter claim E schedule property.
Reference:
Ext.A3
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Proves the petitioner's husband owns counter claim C schedule property.
Reference:
Ext.A4
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Proves the petitioner's husband owns counter claim D schedule property.
Reference:
Ext.A5
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves the petitioner's husband owns counter claim F schedule property.
Reference:
Ext.A6
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Relevant to property claims.
Reference:
Ext.A7
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Relevant to property claims.
Reference:
Ext.A8
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Relevant to property claims.
Reference:
Ext.A9
Document Type:
Thandaper Account Register
Submitted By:
Plaintiff
Relevance:
Documentary evidence of property ownership.
Reference:
Ext.A10 to A16
Document Type:
Thandaper Kanaku Register
Submitted By:
Plaintiff
Relevance:
Documentary evidence of property ownership.
Reference:
Ext.A17
Document Type:
A Register
Submitted By:
Plaintiff
Relevance:
Documentary evidence of property ownership.
Reference:
Ext.A18
Document Type:
A Register
Submitted By:
Plaintiff
Relevance:
Documentary evidence of property ownership.
Reference:
Ext.A19
Document Type:
Field Map
Submitted By:
Plaintiff
Relevance:
Documentary evidence of property ownership.
Reference:
Ext.A20
Document Type:
Site Approval and Building Permit
Submitted By:
Plaintiff
Relevance:
Approval for construction.
Reference:
Ext.A21
Document Type:
Building details – KMBR/KP BR Scrutiny Report
Submitted By:
Plaintiff
Relevance:
Relevant to permit approval.
Reference:
Ext.A22
Document Type:
Proposed permission plan of Residential Building
Submitted By:
Plaintiff
Relevance:
Design for approved construction.
Reference:
Ext.A23
Document Type:
Certified copy of Plaint
Submitted By:
Plaintiff
Relevance:
Related to the original suit.
Reference:
Ext.A24
Document Type:
Copy of settlement Deed
Submitted By:
Plaintiff
Relevance:
Relevant to property claims.
Reference:
Ext.A25
Document Type:
Site Approval and Building Permit
Submitted By:
Plaintiff
Relevance:
Proof of construction permission given by Kollam Corporation.
Reference:
Ext.A26
Document Type:
Xerox copy of Settlement deed
Submitted By:
Defendant
Relevance:
Counter evidence regarding property claims.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Counter evidence regarding property claims.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Authored by Advocate Commissioner regarding property conditions.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Shyla Beevi vs Rijeena, Ansarudeen regarding modification of interim order and construction permit
Case Code Year
Case between Shyla Beevi vs Rijeena, Ansarudeen regarding modification of interim order and construction permit